header-logo header-logo

15 November 2018 / Dominic Regan
Issue: 7817 / Categories: Opinion , Procedure & practice , Costs
printer mail-detail

Procedural nightmares

​Dominic Regan provides some answers to the civil procedure worries keeping you up at night

Every October, I visit six cities and deliver a lengthy annual review of civil procedure. This year, the same three concerns were raised at every venue. What follows are my answers to those questions.

How do I ensure that Pt 36 doesn’t trip me up?

It is astonishing to think that so far this year we have had over a dozen reported decisions on the measure, five from the Court of Appeal, and another High Court judgment is imminent.

First things first: one must abide by the requirements of the provision. The safest way to make a compliant offer is by using the court form of offer, the N242A. Use of the form is not mandatory, but the benefit is that it helpfully prompts the offeror as to what is required, such as a relevant period of at least 21 days. Do not seek to adjust the measures enshrined in the Rule.

The deadly trap within Pt 36 is that an

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll